TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iv - enforcement and penalties
CHAPTER 465 - SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

HEAD

Sec. 46505. Carrying a weapon or explosive on an aircraft

STATUTE

(a) Definition. - In this section, "loaded firearm" means a
starter gun or a weapon designed or converted to expel a projectile
through an explosive, that has a cartridge, a detonator, or powder
in the chamber, magazine, cylinder, or clip.
(b) General Criminal Penalty. - An individual shall be fined
under title 18, imprisoned for not more than 10 years, or both, if
the individual -
(1) when on, or attempting to get on, an aircraft in, or
intended for operation in, air transportation or intrastate air
transportation, has on or about the individual or the property of
the individual a concealed dangerous weapon that is or would be
accessible to the individual in flight;
(2) has placed, attempted to place, or attempted to have placed
a loaded firearm on that aircraft in property not accessible to
passengers in flight; or
(3) has on or about the individual, or has placed, attempted to
place, or attempted to have placed on that aircraft, an explosive
or incendiary device.
(c) Criminal Penalty Involving Disregard for Human Life. - An
individual who willfully and without regard for the safety of human
life, or with reckless disregard for the safety of human life,
violates subsection (b) of this section, shall be fined under title
18, imprisoned for not more than 20 years, or both, and, if death
results to any person, shall be imprisoned for any term of years or
for life.
(d) Nonapplication. - Subsection (b)(1) of this section does not
apply to -
(1) a law enforcement officer of a State or political
subdivision of a State, or an officer or employee of the United
States Government, authorized to carry arms in an official
capacity;
(2) another individual the Administrator of the Federal
Aviation Administration or the Under Secretary of Transportation
for Security by regulation authorizes to carry a dangerous weapon
in air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded
firearm) in baggage not accessible to a passenger in flight if
the air carrier was informed of the presence of the weapon.
(e) Conspiracy. - If two or more persons conspire to violate
subsection (b) or (c), and one or more of such persons do any act
to effect the object of the conspiracy, each of the parties to such
conspiracy shall be punished as provided in such subsection.

For transfer of functions, personnel, assets, and liabilities of
the Transportation Security Administration of the Department of
Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of Transportation for
Security, relating thereto, to the Secretary of Homeland Security,
and for treatment of related references, see sections 203(2),
551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.